Secured Retailer? Not given chance to reaffirm

[krbkrb]

We filed chapter 7 and was discharged.... we listed a retail creditor along with everything else.

The retail creditor did not respond to dispute.

Then two months after discharging we get a letter stating that the creditor was secured/protected and we should contact them to make arrangements to pick up their goods.

If they were secured, shouldn't they have stated that during the filing and given us a chance to reaffirm the debt just like a car, house, etc?

I just don't get it. We never had any intentions of this...we bought the stuff in March and had a son that requires alot of medical care in January.

The lawyer said to ignore them and it will go to court and 95% of the time they won't come for the stuff...that they have no interest in our stuff...then why didn't they offer a reaffirmation so they could continue getting payments on it? All I can forsee is a knock on the door and someone with a court order to come in and get our tv, washer and dryer...

[HHM]

Well, reaffirmation agreements are completely voluntary and completely optional. But yes, there security interest does survive the bankruptcy, but your attorney is right, just ignore it and see what happens.

[LostinMi]

I have a Dell account that I realize is secured by the computer I purchased. My lawyer said to list it as unsecured. She said she hasn't seen a case where Dell will actually repossess the items. They don't want my over a year old computer.

[Minnymouth]

Most of the items are not only valued as "garage sale" items, so they wouldn't sell for much if re-sold.
Most companies don't even bother coming after things.

Minny

[theurge]

I have a Dell account that I realize is secured by the computer I purchased. My lawyer said to list it as unsecured. She said she hasn't seen a case where Dell will actually repossess the items. They don't want my over a year old computer.

I have a laptop I bought from them in March - Im kinda curious to see what they do as well. Personally I don't care if they want it back - the hard drive went out on it already...

[hhou812hh]

It does surprise me. They usually work with debtors since it will cost them too much to pick up the items you mentioned just to get $250 bucks for it.